This is a broad term that includes any unwelcome behavior of a sexual nature committed without consent or by force, coercion, or intimidation.
Sexual harassment is unwelcome, gender-based verbal or physical conduct that is sufficiently sever, persistent or pervasive that it unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the University’s educational program and/or activities and is based on power and the creation of a hostile environment.
Consent is informed, freely and actively given, mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity. There is no consent if it results from the use of physical force, threats, intimidation, coercion, or the person giving consent is incapacitated. Consent, once freely and actively given, may be withdrawn at any time. Consent may never be obtained through the use of force, coercion, or intimidation or if the victim is mentally or physically disabled or incapacitated, including through the use of drugs or alcohol.
Alcohol and Other Drugs and Consent
The use of alcohol or other drugs can have unintended consequences. Alcohol or other drugs can lower inhibitions and create an atmosphere of confusion over whether consent is freely and effectively given. Being intoxicated or high is never an excuse for sexual misconduct.
The list of prohibited conduct under this policy includes, but is not limited to, the following:
- Unwelcome sexual advances or propositions that interfere with a student’s education or employment opportunities
- Using electronic devices or technology (e.g., cell phone, camera, email, Internet sites or social networks) to record or transmit nudity or sexual acts without a person’s knowledge and/or permission
- Committing violence within a relationship (domestic violence or intimate partner violence)
- Excessive unwanted and persistent attention on a regular basis either with electronic devices or in person or other means (stalking)
- Intentionally observing nudity or sexual acts of another person without the person’s knowledge or permission (voyeurism)
- Unwanted touching of the genitals, buttocks, or breasts that is intentional or other unwanted touching or groping
- Forcing/coercing someone to touch you or someone else in a sexual manner
- Threatening to sexually harm someone
- Initiating sexual activity with a person who is incapacitated and unable to provide consent due to alcohol and/or drug consumption or other condition
- Inducing incapacitation for the purpose of sexual exploitation
- Ignoring a sexual limit that has been communicated
- Coercing or intimidating someone into sexual behavior
- Sexual assault, including unwanted penetration of an orifice (anal, vaginal, oral) with the penis, finger or objects
Sexual harassment may involve the behavior of a person of either sex that affects a person of the opposite or same sex, and is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when:
- Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment or academic status; or
- Submission to or rejection of such conduct is used as the basis for decisions affecting that individual's academic standing or employment; or
- Such conduct has the purpose or effect of interfering with an individual's educational experience or work performance, or creates an intimidating, hostile, or offensive employment, educational, or living environment.
The policy applies equally to students or employees in clinical, field placement sites, or in any location affiliated with the University academic program of a student.